Full Text of HB2747 98th General Assembly
HB2747ham001 98TH GENERAL ASSEMBLY | Rep. Deborah Conroy Filed: 3/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2747
| 2 | | AMENDMENT NO. ______. Amend House Bill 2747 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Sections 3 and 4 as follows:
| 6 | | (5 ILCS 140/3) (from Ch. 116, par. 203)
| 7 | | Sec. 3. Inspection and copying of public records. | 8 | | (a) Each public body shall make available to any person for
| 9 | | inspection or copying all public records, except as otherwise | 10 | | provided in
Section 7 of this Act.
Notwithstanding any other | 11 | | law, a public body may not grant to any person
or entity, | 12 | | whether by contract, license, or otherwise, the exclusive right | 13 | | to
access and disseminate any public record as defined in this | 14 | | Act.
| 15 | | (b) Subject to the fee provisions of Section 6 of this Act, | 16 | | each public
body shall promptly provide, to any person who |
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| 1 | | submits a request,
a copy of any public record required to be | 2 | | disclosed
by subsection (a) of this Section and shall certify | 3 | | such copy if so requested.
| 4 | | (c) Requests for inspection or copies shall be made in | 5 | | writing and directed to the public body. Written requests may | 6 | | be submitted to a public body via personal delivery, mail, | 7 | | telefax, electronic mail, or any other means available to the | 8 | | public body. A public body may honor oral requests for | 9 | | inspection or copying. A public body may not require that a | 10 | | request be submitted on a standard form or require the | 11 | | requester to specify the purpose for a request, except to | 12 | | determine whether the records are requested for a commercial | 13 | | purpose or whether to grant a request for a fee waiver. All | 14 | | requests for inspection and copying received by a public body | 15 | | shall immediately be forwarded to its Freedom of Information | 16 | | officer or designee. | 17 | | (d) Each public body shall, promptly, either comply with or | 18 | | deny a
request for public records within 5 business days after | 19 | | its receipt of the request, unless the time for response is | 20 | | properly extended under subsection (e) of this Section. Denial
| 21 | | shall be in writing as provided in Section 9 of this Act. | 22 | | Failure to comply with
a written request, extend the time for | 23 | | response, or deny a request within 5 business days after its | 24 | | receipt shall be considered a
denial of the request. A public | 25 | | body that fails to respond to a request within the requisite | 26 | | periods in this Section but thereafter provides the requester |
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| 1 | | with copies of the requested public records may not impose a | 2 | | fee for such copies. A public body that fails to respond to a | 3 | | request received may not treat the request as unduly burdensome | 4 | | under subsection (g).
| 5 | | (e) The time for response under this Section may be
| 6 | | extended by the public body for not more than 5 business days | 7 | | from the original due date for any
of the following reasons:
| 8 | | (i) the requested records are stored in whole or in | 9 | | part at other
locations
than the office having charge of | 10 | | the requested records;
| 11 | | (ii) the request requires the collection of a | 12 | | substantial number of
specified records;
| 13 | | (iii) the request is couched in categorical terms and | 14 | | requires an
extensive
search for the records responsive to | 15 | | it;
| 16 | | (iv) the requested records have not been located in the | 17 | | course of routine
search and additional efforts are being | 18 | | made to locate them;
| 19 | | (v) the requested records require examination and | 20 | | evaluation by personnel
having the necessary competence | 21 | | and discretion to determine if they are
exempt from | 22 | | disclosure under Section 7 of this Act or should be | 23 | | revealed
only with appropriate deletions;
| 24 | | (vi) the request for records cannot be complied with by | 25 | | the public body
within the time limits prescribed by | 26 | | paragraph (c) of this Section without
unduly burdening or |
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| 1 | | interfering with the operations of the public body;
| 2 | | (vii) there is a need for consultation, which shall be | 3 | | conducted with all
practicable speed, with another public | 4 | | body or among two or more components
of a public body | 5 | | having a substantial interest in the determination or in
| 6 | | the subject matter of the request.
| 7 | | The person making a request and the public body may agree | 8 | | in writing to extend the time for compliance for a period to be | 9 | | determined by the parties. If the requester and the public body | 10 | | agree to extend the period for compliance, a failure by the | 11 | | public body to comply with any previous deadlines shall not be | 12 | | treated as a denial of the request for the records. | 13 | | (f) When additional time is required for any of the above | 14 | | reasons, the
public body shall, within 5 business days after | 15 | | receipt of the request, notify the person making the request of | 16 | | the reasons
for the extension and the date by which the | 17 | | response will be forthcoming. Failure to respond within the | 18 | | time permitted for extension shall be considered a denial of | 19 | | the request. A public body that fails to respond to a request | 20 | | within the time permitted for extension but thereafter provides | 21 | | the requester with copies of the requested public records may | 22 | | not impose a fee for those copies. A public body that requests | 23 | | an extension and subsequently fails to respond to the request | 24 | | may not treat the request as unduly burdensome under subsection | 25 | | (g).
| 26 | | (g) Requests calling for all records falling within a |
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| 1 | | category shall be
complied with unless compliance with the | 2 | | request would be unduly burdensome
for the complying public | 3 | | body and there is no way to narrow the request and the
burden | 4 | | on the public body outweighs the public interest in the | 5 | | information.
Before invoking this exemption, the public body | 6 | | shall extend to the person
making the request an opportunity to | 7 | | confer with it in an attempt to reduce
the request to | 8 | | manageable proportions. If any body responds to a categorical
| 9 | | request by stating that compliance would unduly burden its | 10 | | operation and
the conditions described above are met, it shall | 11 | | do so in writing, specifying
the reasons why it would be unduly | 12 | | burdensome and the extent to which compliance
will so burden | 13 | | the operations of the public body. Such a response shall
be | 14 | | treated as a denial of the
request for information. | 15 | | Repeated requests from the same person for the same records | 16 | | that are unchanged or identical to records previously provided | 17 | | or properly denied under this Act shall be deemed unduly | 18 | | burdensome under this provision.
| 19 | | (h) Each public body may promulgate rules and regulations | 20 | | in conformity
with the provisions of this Section pertaining to | 21 | | the availability of records
and procedures to be followed, | 22 | | including:
| 23 | | (i) the times and places where such records will be | 24 | | made available, and
| 25 | | (ii) the persons from whom such records may be | 26 | | obtained.
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| 1 | | (i) The time periods for compliance or denial of a request | 2 | | to inspect or copy records set out in this Section shall not | 3 | | apply to requests for records made for a commercial purpose. | 4 | | Such requests shall be subject to the provisions of Section 3.1 | 5 | | of this Act. | 6 | | (Source: P.A. 96-542, eff. 1-1-10.)
| 7 | | (5 ILCS 140/4) (from Ch. 116, par. 204)
| 8 | | Sec. 4. Information concerning public body. Each public | 9 | | body shall prominently display at each of its administrative
or | 10 | | regional offices,
make available for inspection and copying, | 11 | | and send through the mail if
requested, each of the following:
| 12 | | (a) A brief description of itself, which will include, | 13 | | but not be limited
to, a short summary of its purpose, a | 14 | | block diagram giving its functional
subdivisions, the | 15 | | total amount of its operating budget, the number and | 16 | | location
of all of its separate offices, the approximate | 17 | | number of full and part-time employees,
and the | 18 | | identification and membership of any board, commission, | 19 | | committee,
or council which operates in an advisory | 20 | | capacity relative to the operation
of the public body, or | 21 | | which exercises control over its policies or procedures,
or | 22 | | to which the public body is required to report and be | 23 | | answerable for
its operations; and
| 24 | | (b) A brief description of the methods whereby the | 25 | | public may request
information and public records, a |
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| 1 | | directory designating the Freedom of Information officer | 2 | | or officers, the mailing address and an electronic mail | 3 | | address where requests for public records should be | 4 | | directed,
and any fees allowable under Section 6 of this | 5 | | Act.
| 6 | | A public body that maintains a website shall also post this | 7 | | information on its website. | 8 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)".
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